Dispute with landscape gardener

Circles80

Please could someone advise what is best to do in this situation. I'll keep it as brief as possible. 

I got a quote from landscape gardener to put some paving slabs down in garden. They were recommended by a friend who was pleased with them and they have FB and seemed to do good jobs.

It was only a small job as I have some concrete slabs already down  and just wanted them taken up to other side of garden which would be 9 slabs max. When he came to do quote I told him I wanted them taken up to the fence and when measuring he asked if I wanted them taking right up to fence which I confirmed. I saw him measure right up to fence. He said he would text later with quote which he did and it was £230. I text back confirming happy for him to do job.

He was meant to come on 2 different occasions but never did which I found a bit annoying but things happen delays etc. He came today to do job and I did advise him I would be at work but would unlock garden gate for access. 

Came back today and large amount of soil and baps of soil all over 4 parking spaces at front of houses and I mean a lot. Neighbour complained to me as soon as got out of car.

Went to look at garden and he has only put 6 paving slabs down leaving gap between slabs and fence. I text him very politely asking if there was a reason why the slabs were not taken up to the fence as asked such as problem with ground etc? He phoned me back and I genuinely thought he would explain why not taken slabs up to fence.

Instead he was aggressive not even saying hello but "right got your message and you're not happy with the job and not willing to pay us". I said no don't put words into my mouth I just want to know if there reason not taken up to fence. He said I never asked for that and I told him where slabs are is where I wanted them. He kept saying I was refusing to pay him to which I said that's not true I am but only for work done not £230. He then said he would break into my garden, take up the slabs, smash them up and dump them in mine and neighbours front gardens. Said that trespass and criminal damage he said his property et hell do what he wants to his property. He proceeded to keep making these threats very aggressively and that I was refusing to pay him money. I ended up saying send me your bank details and I'll pay.

I then phoned 101 and have reported him to Police in regards t these threats and someone is calling me back to discuss in further detail and advise.

He never provided a written quote with details of work to be done just a text saying it'll be 230. On the call he kept saying he wrote the measurements in his book which I agreed to despite me telling him at the time wanted slabs to fence and he confirming that. In respect of paying him (I've never said I won't but as far as I am concerned the 230 was for 9 slabs to be taken up to fence) do you think this is the correct route:

In the morning I will take picture of what he has done and send it to a couple of lndscape gardeners saying this is what I would like doing in my garden please provide quote.

Whatever is the average quote I will take the higher end and text this guy back explaining these are the quotes I have got, this is what I am prepared to pay then transfer that money straight away to him. Hopefully if he gets that he will not chase for the remainder of the 230 although if 230 is what people quote I will pay him that.

He knows I am a single mum and am so upset I have been threatened in this way. I've told a couple of neighbours in case he comes round and Police have said t ring 999 if he does. I am aware they are only dealing with the threats i have alleged he has made and not the civil side.

Anyone else been in this position? Like I said I am happy to pay for work done just not 230 as he has not done what that quote was for. 

DB1904

A decent tradesman will be £200 a day did he provide any materials?

Circles80

Yes he provided all materials. He only put down 6 slabs and not there all day. The quote was for  9 slabs though which is what I have the problem with. Fair enough if this is going rate. I might say I'll pay £200 if this is reasonable. 

DB1904

So what materials did he use? Six slabs could be anything from £12 up. 

Circles80

I was not there but assume sand and concrete mix. Not sure what else is used? The slabs were £4 each I was told by them. 

the_lunatic_is_in_my_head

OP the consumer rights answer is, assuming you didn't walk into their place of business uninvited, did the trader provided you with the durable (paper, email, text, FB messages, etc) information regarding your right to cancel?

If not you can cancel the contract and don't have to pay for the service, I assume the trader can have his 6 x £4 paving slabs back if he wants them. 

If by some chance they did give this info judging by your post they still don't appear to have given details of the main characteristics of the goods or services which is also required and so you aren't bound by the contract.

If they complied with all the required information and the service doesn't meet the agreement you'd be entitled to a repeat performance, which if not undertaken within a reasonable time and without significant inconvenience would leave you with the right to a price reduction, the appropriate amount depending upon the circumstances but can be up to the full price.

The greater issue is someone threatening to come to your home and upset your family life, part of me says pay as £230 is nothing to keep your kid(s) from harm, part of me says well done for standing up for yourself. Tough position to be in, hopefully the guy clams down to agree something amicable   

Circles80

the_lunatic_is_in_my_head said:

OP the consumer rights answer is, assuming you didn't walk into their place of business uninvited, did the trader provided you with the durable (paper, email, text, FB messages, etc) information regarding your right to cancel?

If not you can cancel the contract and don't have to pay for the service, I assume the trader can have his 6 x £4 paving slabs back if he wants them. 

If by some chance they did give this info judging by your post they still don't appear to have given details of the main characteristics of the goods or services which is also required and so you aren't bound by the contract.

If they complied with all the required information and the service doesn't meet the agreement you'd be entitled to a repeat performance, which if not undertaken within a reasonable time and without significant inconvenience would leave you with the right to a price reduction, the appropriate amount depending upon the circumstances but can be up to the full price.

The greater issue is someone threatening to come to your home and upset your family life, part of me says pay as £230 is nothing to keep your kid(s) from harm, part of me says well done for standing up for yourself. Tough position to be in, hopefully the guy clams down to agree something amicable   

Thanks so much for your reply. He provided me with nothing but just a text saying job will be £230. But as far as I am aware this was for flags to be taken up to the fence which he has not done. Whilst threatening me he did say he has the measurements in his book but not sure what this proves. He did not provide me with those measurements so I could query or confirm them. At least I know in future to get a written quote as per your advice from any tradesman.

Police are ringing me later this morning and I do hope they pay him a visit to advise he should not be threatening people and carrying out those threats will be breaking and entering, trespass and criminal damage. 

After Police have spoken to him I will text him as I have always intended to pay but for the work carried out which is less than I advised I wanted. The average quite seems to be £200 so will pay him that.

Thanks so much for your help. 

DB1904

Circles80 said:

the_lunatic_is_in_my_head said:

OP the consumer rights answer is, assuming you didn't walk into their place of business uninvited, did the trader provided you with the durable (paper, email, text, FB messages, etc) information regarding your right to cancel?

If not you can cancel the contract and don't have to pay for the service, I assume the trader can have his 6 x £4 paving slabs back if he wants them. 

If by some chance they did give this info judging by your post they still don't appear to have given details of the main characteristics of the goods or services which is also required and so you aren't bound by the contract.

If they complied with all the required information and the service doesn't meet the agreement you'd be entitled to a repeat performance, which if not undertaken within a reasonable time and without significant inconvenience would leave you with the right to a price reduction, the appropriate amount depending upon the circumstances but can be up to the full price.

The greater issue is someone threatening to come to your home and upset your family life, part of me says pay as £230 is nothing to keep your kid(s) from harm, part of me says well done for standing up for yourself. Tough position to be in, hopefully the guy clams down to agree something amicable   

Thanks so much for your reply. He provided me with nothing but just a text saying job will be £230. But as far as I am aware this was for flags to be taken up to the fence which he has not done. Whilst threatening me he did say he has the measurements in his book but not sure what this proves. He did not provide me with those measurements so I could query or confirm them. At least I know in future to get a written quote as per your advice from any tradesman.

Police are ringing me later this morning and I do hope they pay him a visit to advise he should not be threatening people and carrying out those threats will be breaking and entering, trespass and criminal damage. 

After Police have spoken to him I will text him as I have always intended to pay but for the work carried out which is less than I advised I wanted. The average quite seems to be £200 so will pay him that.

Thanks so much for your help. 

To be fair to him he hasn't threatened that. 

Circles80

DB1904 said:

Circles80 said:

the_lunatic_is_in_my_head said:

OP the consumer rights answer is, assuming you didn't walk into their place of business uninvited, did the trader provided you with the durable (paper, email, text, FB messages, etc) information regarding your right to cancel?

If not you can cancel the contract and don't have to pay for the service, I assume the trader can have his 6 x £4 paving slabs back if he wants them. 

If by some chance they did give this info judging by your post they still don't appear to have given details of the main characteristics of the goods or services which is also required and so you aren't bound by the contract.

If they complied with all the required information and the service doesn't meet the agreement you'd be entitled to a repeat performance, which if not undertaken within a reasonable time and without significant inconvenience would leave you with the right to a price reduction, the appropriate amount depending upon the circumstances but can be up to the full price.

The greater issue is someone threatening to come to your home and upset your family life, part of me says pay as £230 is nothing to keep your kid(s) from harm, part of me says well done for standing up for yourself. Tough position to be in, hopefully the guy clams down to agree something amicable   

Thanks so much for your reply. He provided me with nothing but just a text saying job will be £230. But as far as I am aware this was for flags to be taken up to the fence which he has not done. Whilst threatening me he did say he has the measurements in his book but not sure what this proves. He did not provide me with those measurements so I could query or confirm them. At least I know in future to get a written quote as per your advice from any tradesman.

Police are ringing me later this morning and I do hope they pay him a visit to advise he should not be threatening people and carrying out those threats will be breaking and entering, trespass and criminal damage. 

After Police have spoken to him I will text him as I have always intended to pay but for the work carried out which is less than I advised I wanted. The average quite seems to be £200 so will pay him that.

Thanks so much for your help. 

To be fair to him he hasn't threatened that. 

He has verbally and threatened me again by text saying he will break into my garden (would have to get through 2 locked gates) Police have got copy of this text and taking action. Thanks for you reply though. 

Alderbank

Circles80 said:

He has verbally and threatened me again by text saying he will break into my garden (would have to get through 2 locked gates) Police have got copy of this text and taking action. Thanks for you reply though. 

That could be good news. What is the action they are taking?

Circles80

Alderbank said:

Circles80 said:

He has verbally and threatened me again by text saying he will break into my garden (would have to get through 2 locked gates) Police have got copy of this text and taking action. Thanks for you reply though. 

That could be good news. What is the action they are taking?

They are coming out to see me first but confirmed they can take action on the text which is good news. It is disgusting how this individual has acted.